RS passes bill criminalising bias against people with HIV, AIDS

The HIV and AIDS (Prevention and Control) Bill2014, which criminalises discrimination against HIV-positive people and those living with them, was passed in the Rajya Sabha on Tuesday.

The Union cabinet had approved official amendments to the bill, which lists the various grounds of discrimination in this regard, in May 2016. Once it comes into effect, the legislation will prohibit the authorities of various institutions from forcing people to undergo HIV tests for employment or education.

The list also includes denial, termination or unfair treatment with regard to employment, educational institutions, healthcare services, renting out of property and contesting for public or private office.

Apart from addressing HIV-related discrimination, the bill seeks to strengthen the existing programme by establishing formal mechanisms for redressing grievances. “The aim is to prevent and control the spread of HIV and AIDS, prohibit discrimination against the affected, place obligations on establishments to safeguard their rights, and create mechanisms for redressing complaints,” said health minister JP Nadda.

Besides this, the bill also intends to enhance access to healthcare services by ensuring informed consent and confidentiality for HIV-related testing, treatment and clinical research, he added.

Once the legislation comes into effect, every HIV-infected person below the age of 18 will have the right to live in a shared household.

The legislation stipulates that “no person shall be compelled to disclose his HIV status except with his informed consent, and if required, by a court order”. It also mandates organisations that maintain records on HIV-positive individuals to adopt dataprotection measures to safeguard their rights.